Prabhu v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.22736 of 2021 Prabhu ..Petitioner Vs.
State rep. by The Inspector of Police, AWPS, Neyveli.
Cuddalore District.
(Crime No.4 of 2021) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.4 of 2021 pending investigation on the file of the respondent police. For Petitioner : Mr.R.Thirumoorthy For Respondent : Mr.N.S.Suganthan Government Advocate ********
O R D E R
The petitioner who was arrested and remanded to judicial custody on 24.03.2021 for the offences under Sections 450 of IPC and Sections 5(n), 5(m), 5(l), 6 of POCSO Act 2012 in Crime No.4 of 2021, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioner had alleged to have been committed an act of penetrative sexual assault on the victim. Hence complaint lodged and the same was registered against the petitioner and thereafter the respondent investigated the complaint and laid charge sheet. Hence this case.
3. The learned Counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he seeks for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) raised objection stating that the investigation is almost completed. However, he vehemently opposed to grant bail to the petitioner.
5. Considering all these facts, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on their executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Court for exclusive trial of cases under POCSO Act, Cuddalore, and on further conditions that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall stay at Salem and report before the Town Police Station on daily at 10.30 a.m. until further orders and the petitioner shall not have any communication with the victim girl and directed to co-operate for the trial;
(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioner shall not abscond either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 29/11/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE SPEIAL COURT FOR EXCLUSIVE TRAIL OF CASES UNDER POCSO ACT, CUDDALORE.
2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.
3 THE INSPECTOR OF POLICE , AWPS, NEYVELI, CUDDALORE DISTRICT.
4 THE OFFICER INCHARGE, TOWN POLICE STATION, SALEM.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.22736/2021 Date :29/11/2021 RW 30/11/2021